Lauren Suding summarises the judgment in BF v LE [2023] EWHC 2009 (Fam) for Family Law Week. The High Court refused the wife's application to appeal and to set aside the final order in financial remedies proceedings.
The case considers important issues about appealing on a ground of a lack of participation directions and special measures where domestic abuse has been raised and when the appeal was out of time (by approximately 16 months).
The High Court helpfully:
- sets out the differences between setting aside and appealing an order
- reviews various cases where High Court judges have overturned decisions of the Family Court on the grounds that the judge failed to make participatory directions and special measures
- discusses mental capacity in the context of mental illness and disorders.
Read the full summary on Family Law Week.